top
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Tue Feb 18 2014 (Updated 02/19/14)
Federal Judge Rules That Indybay Journalist Can Sue BART Police For Retaliatory Arrest
Tue Feb 18 2014 (Updated 02/19/14)
Indybay Reporter Targeted by BART PD Prior to & Arrested at Powell Street Station Protest
On February 11, United States Magistrate Judge Jacqueline Scott Corley ruled that Indybay reporter David Morse (known to readers as "Dave Id") would be able to take his civil rights lawsuit against BART police to trial. Morse was arrested while covering a "No Justice No BART" protest on September 8, 2011. BART Deputy Police Chief Dan Hartwig selected David Morse for arrest during the protest at the Powell Street BART Station, a culminating act in BART's response to a series of escalating demonstrations which publicly embarrassed the agency. As Morse's Indybay postings successively described the public furor around the actions of BART and its police force, BART police commanders commissioned an intelligence officer to profile Morse, publish his photograph, and prepare officers to make his arrest. At the Powell Street Station demonstration itself, Morse continued his usual journalistic activities, only to find himself singled out for arrest, handcuffed, held in a police substation, and ultimately transported to San Francisco County Jail. Every other credentialed journalist was released from a police encirclement that day.

Magistrate Judge Jacqueline Scott Corley has now ruled that Morse has sufficient evidence to continue to pursue his First Amendment claim against Deputy Chief Hartwig for arresting him in retaliation for his extensive and critical reporting on their police department. Additionally, Judge Scott Corley has ordered that evidence in the case previously under seal be made available for public review. A trial has been scheduled for September of this year.

pdfRead More with Court Filings | audioGil Gross Interview with Attorney Michael Siegel About Indybay Reporter's Case Against BART

Previous Features Related to Indybay Reporters: NLG Obtains $1.17M and OPD Reforms for Injured Occupy Oakland Protesters and Journalists | Indybay Reporter Charged in 2011 Vacant Bank Occupation: Bradley Allen's Story | Indybay Journalist Wins Payment and UCB Agreement to Change Policies, Train Officers | All Charges Dismissed Against Indybay Photojournalists Bradley and Alex | ACLU-NC Submits Brief in Support of Indybay's Bradley Stuart Allen and Alex Darocy | Indybay Journalists Charged with Felony: Conspiracy to Make Media | Society of Professional Journalists Committee Scolds BART for Actions at Sept. 8th Protest | Indybay Reporter Files Supreme Court Appeal in Civil Rights Case | Indybay Reporter Files Federal Civil Rights Lawsuit Against UC Police | Indybay Journalist Denied the Right to Sue to Redress His Own False Arrest by SFPD in 2004 | Indybay Reporter Succeeds in Quashing UCPD Search Warrant | Reporter Josh Wolf Freed | Josh Wolf Jailed For Refusal to Hand Over Video of Protest | SF Grand Jury Targets G8 Protest And Independent Journalist
06/22/17 NoCARA Highlights the Local Racists Targeting Anti-Fascists Online and in the Courthouse Police State and Prisons | Racial Justice | Global Justice and Anti-Capitalism | East Bay | North Bay / Marin06/20/17 Independent Audit Sought to Resolve Secretive Selection Process for Dem Party Chair Front Page | California | Government & Elections06/05/17 “Oil Money Out, People Power In” March and Rally in Sacramento Front Page | Environment & Forest Defense | Racial Justice | Central Valley | California | Government & Elections06/04/17 Once A Snitch, Always a Snitch: Andrew Clark Darst Ironically Protests His Lack of Privacy Front Page | Police State and Prisons | Global Justice and Anti-Capitalism | U.S.06/01/17 Palestinian Hunger Strike Officially Suspended After Reaching An Agreement Front Page | Police State and Prisons | International | Palestine05/30/17 Artists Project Call for Trump Impeachment at Coliseum, Get Handcuffed by Security Front Page | Police State and Prisons | Arts + Action | East Bay | Government & Elections05/25/17 Prisoners Protest Inhumane Conditions in Segregation Units with Hunger Strike Front Page | Police State and Prisons | Health, Housing, and Public Services | Central Valley | California05/22/17 Effort Underway to Stop Neo-Nazi Band The Highway Murderers from Performing in San José Front Page | Racial Justice | Arts + Action | South Bay | Santa Cruz Indymedia05/22/17 Santa Cruz County Sheriff Jim Hart Collaborates with ICE, Refuses to Change Policy Front Page | Police State and Prisons | U.S. | Government & Elections | Immigrant Rights | Santa Cruz Indymedia05/20/17 Report Details Racial Bias in California’s Traffic Court System, Bills Address Disparities Front Page | Police State and Prisons | Racial Justice | Central Valley | San Francisco | California | U.S. | Government & Elections05/17/17 Section 8 Vouchers Help The Poor — But Only If Housing Is Available Front Page | Racial Justice | Health, Housing, and Public Services | Labor & Workers | Global Justice and Anti-Capitalism | Womyn | U.S. | Government & Elections
Related Categories: San Francisco | Indymedia | Police State and Prisons | Front Page
Nude Summer of Love Continues Gypsy Taub Wednesday Jun 21st 2:00 AM
Free Hugo & Free Rodrigo: IUPAT & Unionists Rally & Protest ICE In SF Labor Video Project (1 comment) Tuesday Jun 20th 10:51 PM
Free Our Brothers: Painters Local 83 & UBC 713 Protest ICE Arrests & Want Their Release Free Hugo & Rodrigo Committee Thursday Jun 15th 1:49 PM
Ban the Bomb Rally San Francisco Betty Traynor - WILPF Monday Jun 12th 5:58 PM
The McCoppin Sewar-Another SF fail? D. Boyer Sunday Jun 11th 12:43 PM
LaborFest 2017 FilmWorks United Schedule LaborFest (1 comment) Saturday Jun 10th 9:10 AM
"US Uniting Against Warf" Jeremy Corbyn on 10/20/07 at SF ILWU Local 10 Transport Workers Solidarity Committee Friday Jun 9th 11:02 AM
More Local News...
[ × close ]
Prison Strike Organizers to Protest Food Giant Aramark Kamala Kelkar, SF Bay View Sunday Jan 8th 9:10 PM
Trump Election Exposes Crises of US Capitalism & Imperialism; Creates Opportunity United Public Workers For Action (2 comments) Thursday Dec 1st 2:38 PM
Is Wells Fargo an on-going criminal enterprise? Lynda Carson (4 comments) Monday Sep 12th 6:08 AM
The Politics of My OSC Complaint At OSHA/DOL Darrell Whitman Monday Aug 15th 9:55 AM
Killer whales remain protected in Washington via OCEANA Wednesday Jun 15th 5:03 PM
More Global News...
[ × close ]